Sec. 8. (a) After the hearing on the petition for the establishment of the proposed district, which may be adjourned periodically, the hearing officer shall make findings on the petition and other relevant facts and recommendations as to whether: (1) the petition should be: (A) approved; (B) approved with modifications; or (C) denied; and (2) a district should be established. (b) If the recommendation is in the affirmative, the recommendation must also include recommendations on: (1) the manner of the selection or appointment; (2) the number; and (3) the terms; of the board. (c) The description of the territory to be included in a district may not include territory in a municipality that has, by ordinance or resolution filed with the department, exercised the option not to be included in the district. [Pre-1996 Recodification Citation: 13-3-2-5(b).] As added by P.L.1-1996, SEC.16.
IC 13-26-2-9 Waiver of notice and hearing requirement Sec. 9. (a) If the department of natural resources has filed a petition, the commissioner may waive the requirement for notice and hearing provided in section 6 of this chapter. (b) If the commissioner waives the notice and hearing requirement, the hearing officer shall give written notice in the manner provided under section 6(b)(2) or 6(b)(3) of this chapter. Each recipient of notice has thirty (30) days from the mailing of the notice within which to file objections or material with the hearing officer. (c) The hearing officer shall then proceed to make findings and recommendations as provided in section 8 of this chapter, based upon any material: (1) received by the hearing officer; or (2) obtained at the hearing officer's discretion through the hearing officer's own investigation. [Pre-1996 Recodification Citation: 13-3-2-6.] As added by P.L.1-1996, SEC.16. Amended by P.L.263-2013, SEC.8.